1) Camp Run-A-Mutt agrees to provide day care for the dog(s) ("Dog") set forth in the Camp Run-A-Mutt registration form (the " CAMP RUN-A-MUTT Registration Form"), and to provide other services as agreed to by and between the Dog owner ("Owner") and Camp Run-A-Mutt, at the rates agreed upon.
2) All dogs must be 12 weeks or older to attend Camp Run-A-Mutt. All dogs over the age of 7 months must be neutered or spayed in order to attend Camp Run-A-Mutt. However, Camp Run-A-Mutt accepts dogs 7 months or younger that have not yet been neutered or spayed. Camp Run-A-Mutt shall not be responsible in the event a female dog becomes pregnant during her stay at Camp Run-A-Mutt. Owner represents either that:
· Dog has been neutered or spayed, or
· Dog is 7 months old or younger.
3) Due to the limited development of the immune system at early ages, Owner understands that exposing a young puppy to any environment where other dogs or animals are present will significantly increase Dog’s risk of contracting illnesses including, but not limited to: Canine Papilloma Virus, Canine Cough, Canine Influenza, Distemper, and Parvovirus.
4) Owner may drop off his or her Dog for daycare anytime during our business hours. All dogs who are scheduled for overnight boarding are required to be dropped off no later than 12:00pm (noon).
· A boarding deposit will be forfeit if Dog is not checked in by 1:00pm, at the very latest. Dog will not be permitted to board after this time and boarding reservation will be deleted.
5) Owner may pick up his or her Dog for daycare or boarding anytime during our business hours. Camp Run-A-Mutt does not offer late pick up or early drop off.
· If Owner picks up Dog after business hours, a late fee of $10 per 15 minutes will apply for up to one hour after closing, in addition to incurred daycare costs.
· If Owner fails to pick up Dog for daycare or boarding, Camp Run-A-Mutt reserves the right to keep Dog overnight and use reasonable judgment to provide food and care for Dog.
· An “overbooking” fee of $50 per night will be incurred in the event that Camp Run-A-Mutt has reached boarding capacity on a night that Owner fails to pick Dog up for daycare or boarding.
6) Owner understands and acknowledges that Camp Run-A-Mutt has agreed to render services as described herein based upon Owner's representations that:
· Dog is in all respects healthy and is current on all required and customary vaccinations, including, but not limited to, Distemper, Parvo, Bordetella, Canine Influenza Virus (H3N2 and H3N8) and Rabies;
· Dog has not at anytime in the past harmed or shown aggressive or threatening behavior towards any other person or animal;
· There is no history of behavioral issues of any kind as a result of being confined in a small area; and
· Dog does not suffer from any disability, illness, or other condition that could have an adverse effect on the health of,
or could jeopardize the safety of, another dog.
7) Dog may be isolated and kept apart from other dogs should Camp Run-A-Mutt determine that the Dog may be in danger or may endanger other dogs by virtue of its conduct or behavior. Owner understands that Camp Run-A-Mutt desires to maintain the health, reasonable care and comfort of all dogs within its care facility, and to adequately provide for the safety and wellbeing of the dogs in its custody.
8) Prior to Camp Run-A-Mutt providing any daycare services, all dogs must pass an initial temperament test administered by Camp Run-A-Mutt. Dogs who have not attended Camp Run-A-Mutt for more than 6 months may be required to have a follow up temperament test to ensure that the Dog's behavior has not changed and dog is still comfortable in our environment.
9) Prior to Camp Run-A-Mutt providing any boarding services, all dogs must pass a temperament test day (6 hour minimum). Dogs who have not boarded overnight for more than 6 months may be required to retest for boarding, at the discretion of Camp Run-A-Mutt management. Cost for the follow up temperament test day may be waived in the event that Dog needs to be retested.
10) All dogs attending Camp Run-A-Mutt are required to wear a collar, for their safety; and a nametag. Spike collars, martingale style collars, choke chains, prong collars, and harnesses are not permitted in the yard.
11) Unless agreed to in writing, Owner entrusts Camp Run-A-Mutt to use its reasonable judgment in caring for his or her Dog. Should any decision affecting the handling of the Dog become necessary as the result of inclement weather or other natural causes relating to such decision, Camp Run-A-Mutt shall use reasonable judgment given the circumstances.
12) Owner understands that reservations may be required for day care if Camp Run-A-Mutt reaches full occupancy.
13) It is Owner's responsibility to keep Dog updated on all vaccinations and flea treatments. Owner represents that Dog is currently protected by a flea care preventative and that Dog will be protected by this preventative throughout each and every day Dog attends Camp Run-A-Mutt. If Dog is found to be infested with fleas, Dog will be isolated from other dogs until either: Owner can pick Dog up or Camp Run-A-Mutt can administer flea treatment services at an additional cost.
14) Owner agrees to pay Camp Run-A-Mutt for all services rendered. A handling fee of $25 will be charged on all returned checks. In the event it is necessary to initiate collection proceedings on the account, Owner will be responsible for all attorneys' fees and costs of collection and these fees will be added to the outstanding balance.
15) This agreement shall be valid for all future use by Dog of Camp Run-A-Mutt 's services and Owner agrees that all future use of Camp Run-A-Mutt's services, by Dog, will be provided by Camp Run-A-Mutt pursuant to the terms of this agreement. This agreement may be terminated by either party, providing a written notice of termination to the other party.
16) Camp Run-A-Mutt will not release Dog to anyone but Owner without prior verbal or written notification. Camp Run-A-Mutt may ask for identification from any person picking up Dog other than Owner.
17) Camp Run-A-Mutt will, at its discretion, determine if a Dog is "senior" or "infirmed". A Dog that is nine years old or older and/or has a history of any type of chronic illness or health issues may be considered "senior" or "infirmed". Camp Run-A-Mutt takes extra steps to keep such Dogs safe and comfortable, however, Owner acknowledges there is increased risk to the health and safety of these Dogs and that services may be terminated if the Dog’s health or safety is in jeopardy.
18) Owner consents to the use of all photographs, videos and photographic images of Dog taken while on Camp Run-A-Mutt premises in any promotional materials of Camp Run-A-Mutt, including, but not limited to, publications, advertisements and Camp Run-A-Mutt's web-site.
19) Camp Run-A-Mutt does not accept Schutzund trained dogs or any hybrid dog (a domestic/wild canine mix). Camp Run-A-Mutt does not discriminate against specific breeds, however, may scrutinize stronger and/or dogs with potentially undesirable characteristics.
20) Owner acknowledges Camp Run-A-Mutt is not an animal hospital and does not have a doctor of veterinary medicine or other veterinary professionals on staff and does not provide vaccination or other veterinary services.
21) Owner recognizes that there is a risk of injury or illness in any environment associated with live animals. Owner recognizes and assumes the risks and danger inherent in doggie day care, including, but not limited to, injuries or illnesses resulting from dog fights, rough play, dog contracting fleas, kennel cough or dog some other contagious disease, unwanted pregnancies and natural disasters.
22) Owner voluntarily accepts these risks and Owner agrees that the Owner shall remain liable and bear all expenses for any damages that the Dog may cause to any dogs, persons or property, including bites, aggressive behavior, or conduct of the Dog and assumes full responsibility for Dog's actions at all times. Owner hereby waives any claim against Camp Run-A-Mutt, its owners, agents, employees, directors, and representatives (the " Camp Run-A-Mutt Parties"), and to hold harmless the Camp Run-A-Mutt Parties and each of them harmless from any liability of any kind whatsoever arising from the attendance and participation of Dog at Camp Run-A-Mutt, including, without limitation, any and all illness, bodily injury, unwanted pregnancy, death or other damage to Dog or Owner. I understand and agree that this release applies to future unknown or unsuspected claims, and hereby waive Section 1542 of the California Civil Code and any similar law. Section 1542 reads as follows:
23) "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
24) Owner agrees to indemnify the Camp Run-A-Mutt Parties against all defense costs, including attorneys' fees, resulting from any claim made against the Camp Run-A-Mutt Parties, either by Owner or by another party as part of an action against Owner resulting from an action taken by Dog or Owner. Owner understands and agrees this agreement shall be governed by the laws of the State of California, and the city of San Diego.
25) In the event Dog becomes ill or injured, Camp Run-A-Mutt shall notify Owner, and if Owner cannot be contacted or reached, the emergency contact provided in the Camp Run-A-Mutt Registration Form will be contacted. If the emergency contact cannot be reached, and Owner has failed to instruct Camp Run-A-Mutt regarding measures to be taken, or if an emergency situation exists which requires immediate action, Camp Run-A-Mutt is authorized to engage the services of a veterinarian of Camp Run-A-Mutt's choice and to approve medical and/or emergency treatment (excluding euthanasia) as recommended by a veterinarian. Owner therefore allows Camp Run-A-Mutt to attain medical attention for Dog from any qualified veterinarian and to transport Dog to and from that veterinarian when Camp Run-A-Mutt deems such medical care important for Dog's health. Owner grants Camp Run-A-Mutt full power of decision involving the medical treatment of Dog, and authorizes the use of Owner's Card to pay for any such veterinary costs.
26) Owner agrees that if Dog damages property belonging to Camp Run-A-Mutt, Camp Run-A-Mutt may hold Owner responsible to pay for damages and Owner agrees to this obligation.
27) Camp Run-A-Mutt has a zero-tolerance policy in regards to defaming false comments about the business. A comment may seem true to you but we urge you to investigate before you come forth with potentially false and damaging statement(s). We reserve the first right to correct a problem that may arise out of this transaction with your dog. In the event that you give up that right and post false and/or defaming content that is intended to harm Camp Run-A-Mutt, as a business or its reputation, you agree to pay Camp Run-A-Mutt $10,000 in addition to actual damages. If you are unsure you are able to refrain from these types of actions, we urge you not to sign this agreement.
28) OWNER REPRESENTS THAT S/HE HAS READ THIS AGREEMENT AND UNDERSTANDS AND ACCEPTS THE TERMS AND CONDITIONS STATED HEREIN. FURTHERMORE, OWNER ACKNOWLEDGES THAT THIS AGREEMENT AND THE AGREEMENTS CONTEMPLATED HEREIN SHALL BE THE ONLY AGREEMENTS BETWEEN OWNER AND CAMP RUN-A-MUTT, SHALL BE EFFECTIVE AND BINDING UPON THE PARTIES, AND SHALL SUPERSEDE ANY AND ALL OTHER AGREEMENTS, WHETHER ORAL OR WRITTEN.